Research On The Identification Of School Legal Liability In Sports Injury Accidents In Primary And Secondary Schools In China

In recent years,school sports injury accidents have occurred frequently,which has been common.The existing laws and regulations on the treatment of sports injury accidents in primary and secondary schools always fail to satisfy the public.Schools are also worried about the high responsibility of school sports injuries,and begin to take negative measures to reduce confrontational and dangerous sports activities.Through the method of literature review,case analysis,interview and comparison,this paper takes the judgment of secondary school sports injury accidents in 2021 in the WICO information database as the research object,presents the current situation of school responsibility for primary and secondary school sports injury accidents,analyzes the problems existing in judicial practice,and provides corresponding preventive measures for the scope of school legal liability in primary and secondary school sports injury accidents.The research results show that:1.Problems in the judicial practice of sports injury accidents in primary and secondary schools in China:(1)There are many incentives for sports injury accidents in primary and secondary schools,and most cases of injury accidents require schools to bear compensation responsibility.The standards for determining schools to bear fault liability are too strict.(2)The application of legal principles is chaotic,and there is a phenomenon of different judgments in the same case.Judicial issues such as unclear application scenarios and inverted burden of proof for the principle of voluntary risk assessment.(3)Failure to clarify the standards for schools to fulfill relevant responsibilities and obligations in sports injury accidents in primary and secondary schools.2.Research Conclusion:(1)Clearly,there is a special educational legal relationship between the school and students,rather than a guardianship or contractual relationship.(2)According to the provisions of Articles 1199,1200,and 1201 of the Civil Code,it is clear that schools should bear fault liability.Only those without civil capacity should apply the principle of fault presumption,and the principles of fair liability and no fault liability should not be applied.The principle of voluntary risk can be applied as an exemption from liability.(3)Using objective standards,it is clear that the school’s responsibility for sports injury accidents should be divided into two categories: education and teaching management responsibility and safety protection responsibility.3.Research recommendations(1)Improve relevant laws and regulations.Define the legal relationship between schools and students through current legal provisions.(2)It is suggested that the state should issue judicial interpretation on the legal principles of sports injury accidents in primary and secondary schools,and issue guiding cases to clarify the scope of the school’s "due diligence" in the judicial trial of such cases.(3)Provide multiple ways to reduce the school’s liability for compensation.By establishing insurance systems,arbitration mechanisms for school sports injury accidents,and public welfare assistance funds for school sports injury accidents.Reduce school pressure and promote the positive development of school physical education.